E1340 CONGRESSIONAL RECORD — Extensions of Remarks July 26, 2012 

any policy decisions an agency makes which 

do not comply with the approved guidelines 

‘‘shall be deemed to be arbitrary, capricious, 

an abuse of discretion, and otherwise not in 

accordance with law.’’ 

I am very concerned that the language in 

this amendment could give rise to a new 

cause of action against Federal agencies in 

their regulatory process. A longstanding principle of regulatory law is that agencies must 

show that their regulatory actions are not ‘‘arbitrary and capricious’’ or courts will overturn 

those actions. This amendment creates a new 

and separate cause of action against regulatory agencies who veer from their guidelines 

in the formulation of a regulation. This is an 

unnecessary addition to the legal weaponry 

available to challenge agency regulations 

since the current law already provides that 

agencies are prohibited from making ‘‘arbitrary 

and capricious’’ regulatory decisions. I do not 

understand why we would purposely increase 

our courts’ load of regulatory litigation for no 

discernible substantive benefit. 

Furthermore, the amendment does not limit 

these restrictions to regulatory actions. All 

‘‘policy decisions,’’ specifically including ‘‘agency guidance,’’ are subject to this requirement. 

‘‘Agency guidance’’ could include the posting 

of information on an agency website or the 

issuance of disaster warnings. It is troubling 

that we would potentially be creating a new 

legal cause of action against agencies for putting agency guidance on their websites. It’s 

even more troubling that we would prohibit 

agencies from making disaster warnings until 

those agencies’ scientific integrity guidelines 

are approved by the Director of OSTP. 

Clearly, these new impositions on the Federal agencies are not without cost. However, 

what is the real benefit here? Early on, the 

Obama administration issued an order to all 

Federal agencies to adopt scientific integrity 

policies. OSTP oversaw this process, and 

Federal agencies now have scientific integrity 

policies in place. What additional benefit does 

this amendment provide over what the administration has already completed? Moreover, 

the Federal government already has well established procedures in place to ensure Federal regulations are only issued after careful 

review of the scientific evidence. It’s hard to 

imagine this amendment provides any benefits 

to this process that would outweigh the dangers and costs I just identified. 

Finally, I want to express my discomfort with 

placing the OSTP and the President’s science 

advisor in a regulatory oversight role. The 

President of the United States needs sound 

scientific advice from a trusted and competent 

advisor. OSTP was created to provide that advice to the President. This is an office that has 

typically maintained bipartisan support over 

the years. I would hate for that support to 

erode because we’ve placed inappropriate responsibilities on that office. I would also note 

that OSTP’s annual budget is relatively modest and the office is already stretched thin carrying out its current duties. This amendment 

provides no funding for the newly mandated 

duties, and it is unclear how OSTP is supposed to fund these new responsibilities. 

I do think it is important that the Federal 

government use the best available science 

when it does its work. Unfortunately, for the 

reasons I’ve outlined, I don’t think this amendment is the way to achieve that goal, and I 

must oppose the amendment. 

IN MEMORY OF REVEREND DR. 

J.J. ROBERSON 

HON. AL GREEN OF TEXAS

IN THE HOUSE OF REPRESENTATIVES

Thursday, July 26, 2012 

Mr. AL GREEN of Texas. Mr. Speaker, I 

would like to honor the memory of a spiritual 

leader and visionary from Houston, Texas, 

Reverend Dr. J.J. Roberson. 

Dr. Roberson will be remembered as a distinguished minister, husband, father, Master 

Barber, and World War II Veteran. He has inspired our community with his work as the 

Founder and Pastor Emeritus of Mt. Hebron 

Missionary Baptist Church. During his 50-year 

tenure as Pastor of Mt. Hebron Missionary 

Baptist Church, Dr. Roberson was credited 

with expanding the size of the sanctuary and 

for increasing the church membership to over 

2,000. 

Dr. Roberson was consistently recognized 

for his outstanding leadership as President of 

the Baptist Ministers Association of Houston & 

Vicinity. He was inducted into the Religious 

Hall of Fame in Dallas in 2011, as well as the 

Visionary Pastors Hall of Fame in Houston in 

2012. 

As we say goodbye to a courageous leader 

and man of God, we acknowledge that our 

community has lost a resounding voice for justice, fairness, and equal opportunity. Although 

this is a significant loss, we find consolation in 

knowing that many of our lives have been forever changed because Dr. J.J. Roberson 

lived. 

While I will indeed miss his physical presence, I will continue to admire his spirit and 

passion for helping those who are the least, 

the last, and the lost among us. To many, Dr. 

Roberson was a pillar within our community 

and a great preacher; but for me not only was 

Dr. Roberson a dynamic religious leader, he 

was a mentor, trusted advisor, and beloved 

friend. 

f 

RECOGNIZING THE LIFE AND 

SERVICE OF LIEUTENANT COLONEL, DR. FRANK RAILA, MD, 

USA, RET. 

HON. JANICE D. SCHAKOWSKY OF ILLINOIS

IN THE HOUSE OF REPRESENTATIVES

Thursday, July 26, 2012 

Ms. SCHAKOWSKY. Mr. Speaker, I rise 

today to recognize the life and accomplishments of a true American patriot: retired Lieutenant Colonel Frank Raila. Lieutenant Colonel 

Raila has lived a rich and full life: he is a veteran, a medical doctor, a father, and so much 

more. He is a fantastic example of those individuals who make up our ‘‘greatest generation.’’ 

Living on the south side of Chicago, Frank 

Raila was called to serve his country shortly 

after his eighteenth birthday in 1943. He was 

sent to Europe as a Private in the 106th Infantry Division, where he served on a machine 

gun crew. He participated in an unsuccessful 

attempt to retake the city of Schonberg in late 

1944. During this assault, then-Private Raila 

was captured by German forces and sent to a 

mining labor camp as a prisoner of war. Before long, he used quick thinking and ingenuity 

to escape from captivity during a transfer to a 

new location, and worked to rejoin friendly 

forces. 

During the rest of the war and for several 

years after, Frank Raila continued to serve his 

country—remaining with the United States 

Army and eventually retiring with the rank of 

Lieutenant Colonel. 

After the war, Frank Raila returned to civilian life and attended the Stritch School of 

Medicine at Loyola University at Chicago. As 

a Neuroradiologist, he had a long and distinguished career—practicing in locations around 

the country and abroad over several decades. 

On behalf of myself and a grateful nation, I 

want to thank Lieutenant Colonel Raila for all 

he has done for our nation: for his service, his 

sacrifices, and his hard work. I want to welcome him, and all the other veterans participating in the ‘‘Honor Flights’’ to Washington 

D.C. in recognition of this year’s ‘‘Day of 

Honor’’ program on August 1, 2012. 

f 

IN MEMORY OF CHLOE ZULCOSKY 

HON. JOHN L. MICA OF FLORIDA

IN THE HOUSE OF REPRESENTATIVES

Thursday, July 26, 2012 

Mr. MICA. Mr. Speaker, I rise today in remembrance of Chloe Zulcosky, a recent graduate of Seminole High School in Sanford, Florida. 

There are some people in our lives that inspire us to be better, to reach for every opportunity, and, when we fall down, to brush ourselves off and continue pushing ahead. 

Friends, Chloe was one of those people. She 

served as a role model in her community, and 

shone through to all as a fun-loving and courageous young lady. Chloe showed the community of Seminole County how to live life as 

a kind, genuine and beautiful person. 

Chloe was the Senior Captain of her 

cheerleading team at Seminole High School. 

While at cheerleading camp at the beginning 

of her senior year, Chloe started having terrible migraines. After weeks of continuous 

pain, she was diagnosed with glioblastoma, a 

type of brain cancer which usually occurs with 

patients older than 55. 

Chloe underwent surgery in early September to remove the brain tumor. She was 

scheduled after the surgery for one year of 

chemotherapy to diminish any of the tumor 

that was not removed. 

She was able to experience a senior year 

full of love and support from the Seminole 

County community. Chloe received the honor 

of Homecoming Queen at Seminole High 

School, attended her prom, and graduated 

from high school. 

On Wednesday July 25, after a long and 

courageous fight, Chloe passed away. While it 

is with a heavy heart that I report to Congress 

that Chloe passed away today, I am confident 

that her life and memory will remain with not 

only those she knew, but all those who knew 

of her. 

I again ask we remember the life of this 

wonderful young woman and pray for the family and friends who are grieving her loss. May 

Chloe inspire us all. 


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